Category: Printed
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The Conflicting Mandate: Agency Paralysis Through the Congressional Review Act’s Resubmit Provision
Introduction In March 2017, Congress invoked a twenty-one-year-old law—previously used only once—to invalidate a broad swath of late Obama-era regulations. The Congressional Review Act (“CRA” or “Act”), is a once […]
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An Odd Way to Read a Preemption Statute: The Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act
Introduction On November 5, 2018, the United States Supreme Court heard arguments for Virginia Uranium, Inc. v. Warren,[2] in which a would-be uranium-mining company challenged Virginia’s thirty-year-old uranium mining […]
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Reimagining What is Necessary: Using Active Management in Wilderness Areas to Mitigate High-Loss Wildfires
Introduction Denver Water is a water utility that serves a million and a half customers in and around the Denver Metro Area.[2] Much of its supply comes […]
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Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports in the Pacific Northwest
Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit’s decision in the so-called “culverts case,” which decided that […]
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Priority Disputes Between Holders of Old Order Mineral Rights and Holders of Prospecting Rights or Mining Rights Under the MPRDA in South Africa: Aquila Has Not Landed
“Cui bono?” Cicero As part of the radical transformation of the mineral regime of South Africa, the African National Congress (“ANC”) government introduced the Mineral and Petroleum Resources Development Act […]
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Reducing Emissions Through Renewable Energy: EU and U.S. Energy Policy Frameworks in the Age of Natural Gas
Calls to combat climate change are reaching deafening levels across the international community. Study after study shows the links between anthropogenic greenhouse gas emissions and the devastating effects […]
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Observer Participation in International Climate Change Decision Making: A Complementary Role for Human Rights?
Abstract Parties to the United Nations Framework Convention on Climate Change (“UNFCCC”) have acknowledged the need to further enhance the effective engagement of observer organizations as the UNFCCC process […]
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Citizen Suits for Mobile Sources: Enforcement Against Incidents of Emissions Cheating
Introduction Section 203(a)(3)(A) and (B) of the Clean Air Act (“CAA” or “the Act”) contain provisions that prohibit tampering with any vehicle’s emission control device or installing […]
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When the Navajo Generating Station Closes, Where Does the Water Go?
Introduction In December 2019, the Navajo Generating Station (“NGS”) outside of Page, Arizona closed after nearly fifty years of operation. Commentary has focused on whether a new utility interest, or […]
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Restoration of Protected Lakes Under Climate Change: What Legal Measures are Needed to Help Biodiversity Adapt to the Changing Climate? The Case of Lake IJssel, Netherlands
Introduction Lakes around the world are heavily impacted by climate change. Droughts, floods, higher water temperatures, changes in biodiversity, and even sea level rise all have an impact on […]